In re the Estate of Hutchinson

John D. Bennett, S.

Motion to resettle the decree of November 30,1964, on the ground that certain statements therein inaccurately state the true facts, is granted to the extent that the word “ executor ” in line 3 of page 14 of the decree is corrected to read 1 ‘ trustee ’ ’, and is in all other respects denied.

There appears to be no question but that the order of December 31,1952, permitted Leonard W. Hall to resign as trustee only and not as executor. Once a fiduciary qualifies and assumes the administration of an estate, he cannot resign except by following the procedure governing the…